Partner Terms of Service

About These Terms

Created June 30, 2018. Last Revision June 30, 2018

The following is the Terms of Service for the Ghost Browser Partner Program, offered by Webatix, Inc. These terms were developed with the goals of clarifying the rules of the program and protecting us against fraudulent or undesirable activity on behalf of our Partners.

As anyone familiar with affiliate marketing knows, there are a lot of great affiliates but also a lot of nefarious use. We want to work with the former group and not the latter. To protect against the latter, we've set strict guidelines.

But, in practice, we will always try to reach out to Partners if there is an issue we discover that may violate our terms. Especially if they appear to be minor, accidental or reasonably arrived at by a mis-interpretation of the rules. We value high quality communication with our affiliates and always default to that, but we do reserve to the right to end our relationship with you to cover us in the case of unforeseen circumstances, like someone coming up with some new system that hurts our brand or mutual audience. While you are bound to the rules of the program to the letter, please understand that we want to grow this Partner Program, not find ways to shrink it.

If you are ever unsure about whether or not activities violate the terms, please reach out. We’re happy to help clarify it for you and often can find some creative ways to help you make more money!

We reserve the right to change the Terms of the Program at any time at our sole discretion. Generally, we will provide ample notice of major changes, however, to protect against unforeseen circumstances we reserve the right to make changes immediately by updating the Terms on this page.

Definitions

Us, we, our, ours – Refers to Webatix, Inc, the parent company of Ghost Browser.
You, your, yours, their, theirs her, his, her, him, it its – Refers to companies or individuals that are Partners, former Partners or Partner applicants, as the pronouns are used in context.
Partner – Any individual or business who has an accepted application for the Ghost Browser Partner Program and has an account in good standing.
Referrals (or Qualifying Referrals) – A referral is a sale made on the Ghost Browser web site that is sent to us, in accordance with the Partner Program Terms of Service be an accepted Partner in good standing. In this document, ‘Referrals’ does not include non-qualified referrals.
Non-Qualified Referrals – Sales made on the Ghost Browser web site that do not meet the guidelines for referrals as outlined below.
Commissions – Money paid or owed to Partners by us
Expulsion – Expulsion from the Program means something has gone really wrong with your activities as a Partner and we no longer wish to work with you and will not honor commissions due to serious violation of the terms of the Program.
Program – Refers to the Ghost Browser Partner Program and the terms described therein.
Partner Resources – Refers to the Partner Resources portal and content linked to from within it.

Partner Program Participation

Partners

In order to be a Partner, you must have your Partner Program application accepted. No referrals made prior to your acceptance notification by email, will qualify for commissions.

Existing Customers Only

At the current time, we are only accepting Partner Program applications from current users. If you are not a current customer, you can fill out an application, which we will keep on file, and be notified when we open the Program to non-customers. If you feel you should be included despite not being a current customer, please explain that in your application. We will consider some cases.

Application Process

Please fill out your application completely and accurately. Falsifying or omitting information of substance on your application could lead to Expulsion of your Partner account.

We will review each application carefully and either

Accept you into the program.
Reject your application. (We may, but are not required, to provide a reason for this).
Ask for more information. You agree, by submitting your information, to be contacted for this reason.

In case of rejection with reasons provided, you can make changes and re-submit your application any time from the same email address.

Once accepted into the Program, you may begin marketing activities and start earning commissions.

Termination

If a partner violates any of the Terms of the Partner Program, we reserve the right to put your account into expulsion without notice. In most cases we will contact you and try to work out any issues.

If you would like to terminate your relationship with us you can do so by contacting our support team or Partner Program director.

Earning Commissions

The following section explains how commissions are tracked and paid.

How Credit for a Referral is Granted

When a user clicks one of your links or from one of your approved domains, we will drop a cookie in their browser. If they sign up for a premium subscription, they become your referral and you will qualify for lifetime commissions on all of their purchases.

Cookie Life

The Cookie Life for referred traffic is 30 days. That means if someone is tracked as a visitor belonging to you and your cookie is still the most recent cookie in their browser, when they sign up for a premium subscription, you get lifetime credit for them.

Lifetime Revenue

You can earn commissions on all purchases a user makes over the lifetime of their account. If you sell one user at a company and they sign up for three more accounts a year later, you will get credit for those sales as well.

Affiliate Links and Referral Domains

There are two ways we track your referrals.

You can use a standard tracking link like https://ghostbrowser.com/a/123 with 123 being the Partner tracking ID.
You can list your web site properties in your Partner account settings and all referrals from that domain will belong to you. This helps avoid using standard tracking links.

In some cases we will also allow you to create content on our site and get credit for signups that enter our site from that page. This program is not open to all Partners but you can contact us if you are interested in it.

Commissions, Recurrence and Upgrades

You will receive a 20% commission all purchases made by your referrals over the lifetime of their account, up to $2,000 per paying account referred. This means you can instantly make $2,000 by referring a single $10,000 sale or you can make $2,000 by referring a sale with a $100 annual commission that renews for 20 years. You will also get commissions for any upgrades made by that referred user.

Last Cookie

If a referred user has clicked more than one partner link they will have two referral cookies in their browser. We credit the last click (most recent cookie) with the referral.

Referral Status

When a referred customer signs up for a paid license, they will be considered ‘pending’ until the transaction is reviewed. After it is approved the status will be changed to ‘approved’. If it found to be a non-qualified referral it will show as ‘rejected’.

Qualified Referrals

Qualified referrals are any referrals assigned to you that were earned in accordance with the terms of service, made with your partner cookie in their browser and is a valid signup.

Non-Qualified Referrals

Non-qualified referrals include but are not limited to referrals made:

For your own purchases.
For customers who are already in our database as users.
In violation of any of the Terms of the Partner Program.
Signups that were later refunded.
Please be sure to review the Acceptable Use section of these Terms to understand behavior that is and is not accepted for Parnters.

Partner Payouts

In most cases we will make payouts for referrals the first week of each month. You will be paid for all qualifying referrals made prior to the first day of the month prior to the payment. In other words, in March, you will be paid for January’s referrals. The 30 day gap allows us time to review payments and ensure refunds are not requested on referrals before approving them.

In order to receive your payout, you must have a valid PayPal account email address listed in your account. Partners whose entity is based in the United States must also submit a W-9 to us. You can start to refer qualified traffic before submitting this information but payouts will not occur until we have the paperwork.

Payouts will be made for any Partner who is owed $100 or more.

Commission Disputes

We do not accept manual or ‘after-the-fact’ referrer linking requests. Users must you’re your cookie in their browser when they sign up. No exceptions will be made.

We understand that sometimes users will clear their cookies or use a different browser for their signup. There are other cases where a user might not get credit based on how a referred user signs up. To avoid disputes, we have a cut and dry policy that the referral must be tracked by our automated system. We have set the referral amount to an amount that reflects that there may be some lost sales.

Further, to protect our mutual audiences privacy, we will not provide you with any personally identifying information about the user so we cannot give you details on who signed up through your links.

Dormant Partner Accounts

Partners who do not make any new referrals for a period of six months, or who do not log into the Partner area for 12 months will be considered dormant, their accounts will go into expulsion and no more commissions will be paid on any referrals. We will attempt to contact dormant affiliates well before expelling the account, however we are not required to do so. We also reserve the right to remove any accounts that have not earned any commissions.

Acceptable Use

Approved Marketing Methods

Partners can use the following marketing methods in ways that do not otherwise violate the Terms of the Program and provided that you give our team full and free access to the properties you are marketing from to allow us to monitor Partner activities:

Web site links including forums and social media that do not otherwise prevent you from using affiliate links.
Email newsletters to email addresses that you have permission to market to. (GDPR and other spam law compliance is required.)
Individual emails to people who know you but are not from the same organization.
E-books and White Papers

Disapproved Marketing Methods

You may not market Ghost Browser using any of the following methods.

Coupon Sites
Spam or non-compliant emails
Properties that contain content that is illegal or offensive in our view
Sub-affiliate networks
Any fraudulent traffic

Fraudulent Traffic

Using or encouraging any means of delivering fraudulent traffic, including but not limited to use of bots, toolbar traffic, cookie stuffing, or use of false or misleading links is strictly prohibited and will lead to immediate expulsion of your account.

Cost of Marketing

All costs, expenses and damages related to your participation in and marketing for the Partner Program are your sole responsibility.

Legal

Relationship

You may identify yourself or your company as a ‘marketing partner’ of Ghost Browser or as a ‘customer’ or ‘premium subscriber’ of Ghost Browser if you indeed are one. However, no other association exists and therefore should not be directly or indirectly pronounced in any way or through any medium.

You are an independent identity and not an employee of Webatix, Inc. and hold no other relationship status with us.

Confidentiality

Partners agree to hold confidential any information provided to aid in your marketing efforts, whether it is provided in direct communication of any kind or is provided in the Partner Resources portal. For example, if we provide you with recommended keyword lists to target with your web content, you may use those keywords to promote our products, but you may not share, publish or otherwise distribute the list in any way.

All information in the Partner Resources portal, including your Partner statistics and all supporting content, is considered confidential, as is any email communication we send you regarding the Program.

Intellectual Property

You may display creatives provided in the Partner Resources portal, in the designated ‘Creatives’ area only. Creatives found elsewhere on the web, our web site, in our product, or on our other properties may not be used without permission. If an appropriate creative is not in the Partner Resources portal, you can request a new one, which we can agree to or deny.

Creatives may only be used for the purpose of marketing our products and no modifications may be used without our express written permission. Further, Partners agree to remove any creatives that have been retired or for any other reason at our request.

All creatives are the property of Webatix, Inc.

Trademarks

While you are a Partner in good standing, you have a limited, revocable, non-exclusive, non-sublicensable and non-transferrable license to use our trademark in creatives we provide, unaltered. Partner agrees they will not, now or in the future, apply for any trademark that is confusingly similar to Ghost Browser’s trademarks, whether the trademarks are filed or in general use. Partner also agrees that they will not create or use any graphics or other materials that are confusingly similar to that which is the intellectual property of Ghost Browser.

Disclaimer of Warranty

The Ghost Browser Partner Program is provided “as-is”. We make no warranties hereunder, and expressly disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, we further disclaims all representations and warranties, express or implied, that the Program or our product offerings satisfy all of Partner requirements and or will be uninterrupted, error-free or free from harmful components.

Limitation of Liability

We shall have no liability with respect to the Partner Program or our obligations under these Terms, or otherwise, for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for losses of profits, goodwill, use, data or other intangible losses resulting in any way from your participation in the Program or inability to participate in it even if we have been advised of the possibility of such damages. In any event, our liability to Partners under these Terms for any reason will be limited to the Commissions paid to Partner during the six (6) month period immediately preceding the event giving rise to the claim for damages. This limitation applies to all causes of action in the aggregate, including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from or relate to the Partner’s relationship with us or any third party. These limitations shall apply even if we have been advised of the possibility of such damages. The foregoing limitations apply to the fullest extent permitted by applicable law.

Partner Indemnification

Partner agrees to indemnify, defend and hold harmless Webatix, Inc. and any related entities and the directors, officers, employees, subcontractors and agents thereof (each, an “Indemnified Party”, and collectively, the “Indemnified Parties”), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees (collectively, “claims”), to the extent that such claim is based upon or arises out of: (a) Partner’s breach of any representation, warranty, obligation or covenant under these Terms; (b) Partner’s gross negligence or willful misconduct; (c) any warranty, condition, representation, indemnity or guarantee relating to Webatix and related entities granted by Partner.

Non-Exclusive Remedies

In the event of any breach or threatened breach by of any provision to all other rights and remedies available to us under these Terms and applicable law, we shall have the right to (a) immediately enjoin all such activity, without the necessity of showing damages or posting bond or other security, (b) immediately terminate our relationship (c) receive a prompt refund of all amounts paid to Partners, and (d) be indemnified for any losses, damages or liability incurred by us in connection with such violation.

Force Majeure

If the performance of any part of these Terms by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action (including, but not limited to, any law, regulation or embargo prohibiting the performance contemplated hereunder and/or the failure or refusal of a government agency to issue a license required for any performance pursuant to these Terms), labor disputes, act of God or any cause beyond the reasonable control of that Party, the Party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause. Notwithstanding anything herein to the contrary, the Party prevented from performing hereunder by a force majeure event shall nevertheless use its best efforts to recommence its performance hereunder as soon as reasonably practicable and to mitigate any damages resulting from its non-performance hereunder.

Non-Exclusivity

Nothing in these Terms is intended to create, nor shall it be construed as creating, any exclusive arrangement between Us and Partners. These Terms shall not restrict either party from entering into similar arrangements with others, provided it does not breach its obligations under these Terms by doing so, including without limitation, any confidentiality obligations.

Notice

Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the date of e-mail’s sent to the Partner’s registered account email address listed in the Partner Account and to support@ghostbrowser.com.

No Waiver

The failure of either party to insist upon or enforce performance by the other party of any provision of these Terms or to exercise any right provided for herein shall not be construed as a waiver or relinquishment to any extent of the party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. Any waiver that is granted shall be set forth in writing by the party granting the waiver.

Entire Agreement

This Terms, including any Partner Program application, other forms, and all guidelines and other documents linked or otherwise incorporated or referenced herein, represents the entire agreement and supersedes any and all prior agreements, written or oral, of the parties with respect to the subject matter hereof. This includes, but is not limited to, any prior version of these Terms).

Assignment

Partners may not assign the rights or benefits of these Terms or participation in the Partner Program to any third party without express written consent from us. We are not obligated to approve any such requested assignment. We may, without notice or consent, assign our interest in the Partner relationship to any third party.

Applicable Laws

This Agreement shall be governed by and interpreted in accordance with the laws of the state of Colorado and the United States, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Colorado, with respect to any dispute or claim arising out of or in connection with the Partner Program.

Patent Non-Assertion

Partners and Partner Program applicants, current or past, agree not to assert patent infringement claims against Webatix, Inc. or it’s related entities.

Acceptance

By checking the box on the Partner Program application that references the Terms of Service, the Partner applicant fully agrees with all of the Terms listed here and in all linked documents.

Competitive or Similar Materials

Your participation in the Partner Program does not preclude us from discussing, reviewing, developing, creating, publishing, marketing or distributing, for ourselves, products, content or services that are similar in nature to materials you have developed.

Feedback

Any Partner who provides any feedback (including identifying potential errors and improvements) to us concerning the Partner Program, our products or any aspect of service offerings, hereby assigns to us all right, title, and interest in and to the Feedback and further indicates, by submission of such Feedback, that the contents are free to use, reproduce, disclose, and otherwise exploit, without attribution, payment or restriction, including to improve the Partner Program, our products and our services. Partner will not submit any Feedback that it considers confidential or proprietary.

FTC Guidelines

Your participation in the Partner Program, in which you receive compensation for referrals made to us, establish a ‘material connection’ between you and us. Therefore, you are required to follow Federal Trade Commission (“FTC”) guidelines governing endorsements and testimonials. These rules are aimed at increasing transparency between endorsers and consumers. Full compliance with these guidelines requires that information be provided by Partner to consumers clearly and conspicuously, outlining that Partner is being compensated for referring their audience to us. For further information Partner may refer to the FTC guidelines for more information.

Partners are required to be compliant with GDPR rules if the Partner is located in the EU, is an EU citizen, uses servers located in the EU or has EU citizens, whether they are located in the EU or not, among their audience. This compliance requirement includes, but is not limited to, getting specific consent for all email subscribers protected under GDPR.

Other Partner Responsibilities

Compliance with Laws and Industry Standards

It is the Partner’s responsibility to act in accordance with the highest applicable industry standards and in compliance with all applicable laws, rules and regulations in all jurisdictions governing their actions.

Duty to Inform

Partner shall promptly inform us of any information known to you that could reasonably lead to a claim, demand or liability of or against us by any third party.